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COLONIE---An Albany County Grand Jury has voted to indict the two aides of the O.D. Heck Developmental Center in Niskayuna in the death of a 13-year-old autistic boy.
  Edwin Tirado,35, and Nadeem Mall, 32, both of Schenectady, face charges of second degree manslaughter. They had been arrested Friday and charged in the death of Jonathan Carey of Glenmont.
The aides had been transporting Carey and another center resident Thursday evening to the Crossgates Mall. According to police, when the van stopped at an ATM machine on Wolf Road in Colonie, the boy became unruly and Tirado tried to restrain him. The boy stopped resisting and stopped breathing as Mall continued driving, without seeking medical attention or calling for help.
Mall has reportedly stated that while he knew that there had been an incident in the rear of the van while he was driving, he says he didn't know that there was any kind of medical emergency involving Carey until he returned to O.D. Heck.
Colonie police said the two men continued with errands including stopping for beverages, shopping and buying video games, and returned to O.D. Heck about 90 minutes later, saying that the Carey had been stricken. The other passenger, a 14-year-old center resident, told others at the center that the incident had happened much earlier.
Police said the boy had been improperly restrained.
The boy, who had autism, could not speak and was mentally retarded, was pronounced dead an hour after the van had returned to OD Heck, nearly 2 ½ hours after the incident occurred. He had been a resident at O.D. Heck since 2004 when his parents, Mike and Lisa Carey, had moved him from the Anderson School in Dutchess County because they believed the boy was being abused at that facility.
The Careys are seeking legislation known as "Jonathan's Law" that would give parents access to all records concerning minor children they believe have been abused. The Careys were denied records from the Dutchess County facility which may have provided information about their son's abuse. Litigation is pending in Supreme Court regarding that matter.
Senate Majority Leader Joseph L. Bruno says the Senate has scheduled a public hearing next week to investigate the circumstances surrounding the tragic death of 13 year old Jonathan Carey.
"The shock and outrage over the tragic and senseless death of Jonathan Carey must be channeled into an effort to make sure this doesn't happen to another person and another family," Senator Bruno said. "The Senate will hold a hearing next week to find out how and why the system may have failed Jonathan and what steps we can take to change our laws to protect people like Jonathan who depend on the care of others. We are going to get the bottom of this tragic situation and do everything we can to enact new laws to protect people who cannot protect themselves. We cannot and will not allow this to happen to another family."
The Senate Committee on Mental Health and Developmental Disabilities, Chaired by Sen. Tom Morahan (R-C, New City) has scheduled a public hearing on Monday, March 5 at 10 a.m. in Hearing Room A of the Legislative Office Building in Albany.
The public hearing will examine a broad range of issues related to the care of individuals with mental disabilities including the use of restraints, training in the use of such restraints, and the availability of confidential medical and investigative records to parents and guardians. 2-22-07
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© 2007 North
Country Gazette
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